Rajiv Kumar @ Rajiv Kumar Sharma v. The State Of Bihar
IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.29456 of 2019 Arising Out of PS. Case No.-305 Year-2018 Thana- SIKANDRA DistrictJamui ====================================================== RAJIV KUMAR @ RAJIV KUMAR SHARMA, aged about 29 years, male, Son of Vijay Kumar @ Bijay Sharma @ Vidyanand Sharma Resident of Village - Salkhuya, P.S.- Salkhuya, Dist.- Saharsa.
... ... Petitioner
Versus
1. THE STATE OF BIHAR
2. Parsuram Kumar, S/o Nageshwar Yadav, aged about 21 years, male, resident of village- Malsaurha, P.S. Sikandra, Dist. Jamui. ... ... Opposite Party ====================================================== Appearance :
For the Petitioner :
Mr. Ram Sevak Choudhary, Advocate.
For the O.P. No. 2 :
Nagendra Dubey, Advocate.
For the State : APP ====================================================== CORAM: HONOURABLE MR. JUSTICE VIKASH JAIN ORAL ORDER 25-07-2019 Heard learned counsel for the petitioner and learned APP for the State.
2. The petitioner apprehends his arrest for the offences alleged under Sections 120(B), 323, 420, 419, 467, 468, 504, 506, 511/34 of the Indian Penal Code registered in connection with Sikandra P.S. Case No. 305 of 2018.
3. It is submitted that the petitioner has been falsely implicated in a complaint-based F.I.R. on the accusation that a total amount of Rs. 25,00,000/- was taken by the petitioner from four persons on the assurance that he would provide them with service in the police department. It is submitted that the amount is said to have been paid to Manish Kumar and the petitioner has not received any amount. It is further submitted that no credence has been given to the complainant considering the claims that the amount was paid for an illegal object.
4. Learned APP assisted by learned counsel for the
Patna High Court CR. MISC. No.29456 of 2019(4) dt.25-07-2019 2/2 informant/complainant appears and has been heard.
5. Be that as it may, in the event of the petitioner's arrest or surrender before the court below within six weeks from the date of communication of this order, let the above named petitioner be released on bail on furnishing bail bond of Rs.10,000/- (ten thousand) with two sureties of like amount each to the satisfaction of learned Judicial Magistrate Ist Class, Jamui in connection with Sikandra P.S. Case No. 305 of 2018, subject to the conditions as laid down under Section 438 (2) Cr.P.C., and also subject to the following further conditions - (i) That one of the bailors shall be a close relative of the petitioner.
(ii) That the petitioner shall not indulge in any similar offence till conclusion of the trial.
(iii) That the petitioner shall cooperate with the investigation, if not already concluded, and make himself available as and when so required and in case of failure, the State shall be at liberty to move for cancellation of bail. (iv) That the petitioner shall remain physically present in Court on each and every date during trial and in the event of failure on two consecutive dates without sufficient reason, his bail bond shall be liable to be cancelled by the learned Court concerned.
(Vikash Jain, J) Ibrar//- U T